Law Commons^™

Appeals From Arbitration Orders Under The Federal Arbitration Act: Pro-Arbitration Policy Clashes With The Right To Appeal Final Decisions - Randolph V. Green Tree Financial Corp., Sarah Baxter

Journal of Dispute Resolution

Some circuits have also taken the position that when a court rules on an arbitration order in an embedded proceeding and dismisses the remaining claims in the action, those decisions are also not final or appealable. Other circuits, however, have taken the view that when a court rules on an arbitration order and dismisses the remaining claims in an action, such a decision is final and appealable. A decision on an arbitration order in an independent action is a final decision. This Note explores the circuit split over the issue of whether orders compelling arbitration in embedded proceedings may be …